White v. United States

601 F.3d 545, 40 Envtl. L. Rep. (Envtl. Law Inst.) 20118, 2010 U.S. App. LEXIS 7304, 2010 WL 1404377
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 9, 2010
Docket09-3158
StatusPublished
Cited by55 cases

This text of 601 F.3d 545 (White v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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White v. United States, 601 F.3d 545, 40 Envtl. L. Rep. (Envtl. Law Inst.) 20118, 2010 U.S. App. LEXIS 7304, 2010 WL 1404377 (6th Cir. 2010).

Opinion

OPINION

COLE, Circuit Judge.

Plaintiffs-Appellants appeal the district court’s dismissal of their pre-enforcement challenge to the anti-animal-fighting provisions of the Animal Welfare Act, naming as defendants the United States, the Secretary and Department of Agriculture, the Attorney General and Department of Justice, and the Postmaster General and the United States Postal Service. The plaintiffs-appellants allege that these provisions are unconstitutional insofar as they constitute a bill of attainder; violate the principles of federalism contained in, inter alia, the Ninth, Tenth, and Eleventh Amendments to the United States Constitution; and unduly impinge on the plaintiffs-appellants’ First Amendment right of associa *548 tion, constitutional right to travel, and Fifth Amendment right to due process for deprivations of property and liberty. The district court dismissed the lawsuit for lack of Article III standing, a decision that we now AFFIRM.

I. BACKGROUND

A. Statutory background

Before the district court, the plaintiffs-appellants (“the plaintiffs”) sought a declaratory judgment that all provisions of the Animal Welfare Act (“AWA”), 7 U.S.C. §§ 2131-56, are “unconstitutional and void in their entirety” insofar “as they apply to gamefowl or activities and products relating to gamefowl,” and an injunction prohibiting enforcement of these provisions. The targeted provisions of the AWA are contained in § 2156, which places restrictions on cockfighting and other “animal fighting ventures,” defined as “any event, in or affecting interstate or foreign commerce, that involves a fight conducted or to be conducted between at least 3 animals for purposes of sport, wagering, or entertainment.” 7 U.S.C. § 2156(g)(1). In February 2008, at the time the plaintiffs filed then- complaint, § 2156 prohibited:

• knowingly sponsoring or exhibiting animals in an animal fighting venture if any of the animals was moved in interstate or foreign commerce, id. § 2156(a)(1), except for persons (1) sponsoring or exhibiting birds in a state where fighting ventures involving live birds are not illegal, (2) who had not knowingly bought, sold, delivered, transported, or received the birds in interstate or foreign commerce for the purpose of participating in the fighting venture, id. § 2156(a)(2);
• knowingly selling, buying, transporting, delivering, or receiving any animal for the purpose of having the animal participate in an animal fighting venture, id. § 2156(b);
• knowingly using the United States Postal Service or any instrumentality of interstate commerce for commercial speech for promoting, or in any other manner furthering, an animal fighting venture in the United States, id. § 2156(c), unless the promoted activity is one that involves live birds and takes place in a state where bird fighting is legal, id. § 2156(d); and
• knowingly selling, buying, transporting, or delivering in interstate or foreign commerce a knife, gaff, or other sharp instrument attached or intended to be attached to the leg of a bird for use in an animal fighting venture, id. § 2156(e).

Originally, § 2156 contained a broader exception for live birds: its prohibitions applied to fighting ventures involving birds “only if the fight is to take place in a State where it would be in violation of the laws thereof.” See Animal Welfare Act Amendments of 1976, Pub.L. No. 94-279, 90 Stat. 417 (1976) (adding § 2156 to the AWA). In 2002, Congress limited this exception considerably by eliminating its applicability to subsection (b) (which covers the knowing sale, purchase, transport, delivery, and receipt of animals for fighting purposes) and amending subsection (a) (which covers the knowing sponsorship and exhibition of animals for fighting purposes) to the wording that existed at the time of the plaintiffs’ complaint. See Farm Security and Rural Investment Act of 2002, Pub.L. No. 107-171, 116 Stat. 134, 491-92 (2002). In 2007, Congress added subsection (d), covering knives, gaffes and other sharp instruments intended for bird-fighting purposes. Animal Fighting Prohibition Enforcement Act, Pub.L. No. 110- *549 22,121 Stat. 88 (2007). 1

In sum, at the time the plaintiffs filed their complaint, § 2156 restricted (and continues to restrict) various activities associated with animal fighting that involve interstate travel and commerce, but did not (and does not) itself prohibit animal fighting, including cockfighting. All fifty states have legislation prohibiting cockfighting, however, although the defendants concede that Louisiana’s ban had not yet taken effect at the time the plaintiffs filed their complaint and that cockfighting remains legal in some U.S. territories and the Commonwealth of Puerto Rico. 2

B. Plaintiffs’ alleged injuries

In support of their claims for declaratory and injunctive relief, the plaintiffs allege that the AWA has caused them various individual and collective injuries. We accept the factual basis of these injuries as true because the plaintiffs’ suit was dismissed at the pleading stage. See Fednav, Ltd. v. Chester, 547 F.3d 607, 614 (6th Cir.2008).

Zanonia White, a resident of Weimar, Texas, who supplements her retirement income by selling chickens, alleges that she no longer fights birds and sells chickens only for breeding and show purposes. She does not sell birds to any person she believes will use them for fighting purposes and requires all customers to sign a form certifying the same. Nonetheless, she is contemplating ceasing her breeding business because she fears arrest under the AWA and consequent economic damages. She claims to know of other law-abiding breeders who have been harassed by law enforcement officials regarding their breeding activities.

Ben J. Taylor, a resident of Newport, Tennessee, raises and sells gamefowl for show and breeding purposes, but no longer for fighting purposes. He claims that the AWA has significantly reduced the market for his birds, both because it has restricted his sales to non-fighting purposes and because customers who might otherwise buy his birds for show or breeding purposes are loathe to transport birds across state lines for fear of wrongful prosecution under § 2156. He, too, is reluctant to ship his birds across state lines for fear of wrongful prosecution.

Teresa Doolittle, also a resident of Newport, has operated a feed store there for over a decade.

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601 F.3d 545, 40 Envtl. L. Rep. (Envtl. Law Inst.) 20118, 2010 U.S. App. LEXIS 7304, 2010 WL 1404377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-united-states-ca6-2010.